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(영문) 수원지방법원 2014.09.18 2014고정1903

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 19, 2010, the Defendant filed an application for a loan of KRW 15 million with the victim Y Co., Ltd. using the Internet at C’s place of business operated by the husband of the Defendant in Suwon-si, Suwon-si, Suwon-si, and made a false statement that he/she is residing in the house of KRW 30 million in the deposit for lease deposit.

However, at the time, C's workplace does not properly collect money, and monthly income is merely one million won, and was residing in the monthly rent house of KRW 5 million, and even if the Defendant borrowed money from the victim, the Defendant did not have any intention or ability to pay it.

The Defendant, as above, was accused of the victim, and was remitted from the victim as a loan amount of KRW 2 million on the same day.

2. The Defendant applied for a loan of KRW 2.5 million to a victim-based loan finance company using the Internet at the time and place mentioned in paragraph 1.

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to repay the borrowed money from the victim.

The Defendant, as above, was accused of the victim, and was transferred from the victim 2.5 million won as a loan on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each chief of the complaint and supplementary statement of the complainant;

1. A copy of an application for approval for a loan, a copy of the application for membership and loan, a copy of the passbook transaction, a certificate of transfer, a certificate of business registration, a copy of passbook, a copy of the contract for cash loan,

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;